Kelly v. Marks

This case presents a question of practice in garnishment proceedings which arises on the appeal of the defendants from an order denying their petition to vacate judgments rendered against certain garnishee defendants.

June 26, 1931, judgment by confession was entered against defendants in the sum of $28,300.99, based upon a promissory note secured by a trust deed conveying real estate in Chicago. July 1, a writ of execution was issued on the judgment and returned the same day with the following indorsement by the sheriff:

“The within named defendants not found and no property of the within…